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Disclaimers

Liability. Nothing in these legal disclaimers will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

No Legal Advice Intended.  This website includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments or state of the law.  These informational materials are not intended to be, nor should they be taken as, legal advice.  This information is not intended to substitute for obtaining legal advice from an attorney.  You should contact an attorney for advice on specific legal matters.

No Attorney-Client Relationship Created by Use of this Website. Neither your receipt of information from this website, nor your use of this website to contact Eltman Law, P.C. or one of its attorneys creates an attorney-client relationship between you and Eltman Law, P.C.

Limitation of warranties. The legal information on this website is provided “as is” without any representations or warranties, express or implied.  Eltman Law, P.C. makes no representations or warranties in relation to the legal information on this website. Without prejudice to the generality of the foregoing, Eltman Law, P.C. does not warrant that the legal information on this website will be constantly available, or available at all, or that the legal information on this website is complete, true, accurate, up to date, or non-misleading.

Trademark Notice. Trademarks may be used on this website. Any such use is solely for production identification and informational purposes. Nothing on this website has been authorized or approved by any trademark owners.

State Disclosures:

  • Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

  • New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

  • New York:

Statement of Client’s Rights

Section 1210.1 of the Joint Rules of the Appellate Division amended

April 15, 2013 (22 NYCRR §1210.1)

1.   You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.

2.   You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney‐client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)

3.   You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

4.   You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.

5.   You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.

6.   You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.

7.   You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. (Court approval of a settlement is required in some matters.)

8.   You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.

9.   You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.

10.    You may not be refused representation on the basis of race, creed, color, religion, sex, sexual

orientation, age, national origin or disability.

Statement of Client’s Responsibilities

(Informational Statement Adopted by the New York State Bar Association)

1. The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.

2. The client’s relationship with the lawyer should be one of complete candor and the client should apprise the lawyer of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client.

3. The client must honor the fee arrangement as agreed to with the lawyer to the extent required by law.

4. All bills tendered to the client for services rendered pursuant to the agreed upon arrangement regarding fees and expenses should be paid when due.

5. A client who discharges the attorney and terminates the attorney-client relationship must nevertheless honor financial commitments under the agreed to arrangement regarding fees and expenses to the extent required by law.

6. Although the client should expect that his or her letters, telephone calls, emails, faxes, and other communications to the lawyer will be answered within a reasonable time, the client should recognize that the lawyer has other clients who may be equally deserving of the lawyer’s time and attention.

7. The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number, address, email, or other electronic contact information, and respond promptly to a request by the lawyer for information and cooperation.

8. The client must realize that the lawyer is required to respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of Professional Conduct.

9. The lawyer may decline to accept a matter if the lawyer has previous personal or professional commitments that will prohibit the lawyer from devoting adequate time to representing the client competently and diligently.

10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or a suitable working relationship with the client is not likely.

THIS IS AN ADVERTISEMENT

Attorney Advertising

ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

We are a law firm with attorneys licensed to practice in the following states only:  California, Florida, Georgia, Kentucky, Michigan, New Jersey, New York, Ohio, Pennsylvania, Tennessee and Texas.

THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

No Guarantee of Results:  Many of the practice summaries and individual attorney biographies on this website describe results obtained in matters handled for Eltman Law clients.  These descriptions are meant only to provide information about the activities and experience of our attorneys.   They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorneys; and you should not assume that a similar result can be obtained in a legal matter of interest to you.  The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites:  As a convenience, this website may provide links to third-party websites.  Such linked websites are not under the control of Eltman Law, and Eltman Law assumes no responsibility for the accuracy of the contents of such websites.

Authorized Practice of Law:  The jurisdictions in which each of our attorneys is licensed to practice are indicated in the individual attorney biographies on this website.  The ability of any attorney to engage in any activities on behalf of a client outside that attorney’s states of licensure is subject to state statutes and professional codes and court rules.  Eltman Law does not seek, and this website is not intended to solicit, legal employment outside our attorneys’ states of licensure that would constitute the unauthorized practice of law.

New York Rules of Professional Conduct:

NEW YORK RULES OF PROFESSIONAL CONDUCT

DISCIPLINARY RULES

DR 2-101 [1200.6] Advertising.

  1. A lawyer or law firm shall not use or disseminate or participate in the use or dissemination of any advertisement that:
  2. contains statements or claims that are false, deceptive or misleading; or
  3. violates a disciplinary rule.
  4. B. Subject to the provisions of subdivision (a), an advertisement may include information, as to:
  5. legal and non-legal education, degrees and other scholastic distinctions, dates of admission to any bar; areas of the law in which the lawyer or law firm practices, as authorized by this Part; public offices and teaching positions held; publications of law related matters authored by the lawyer; memberships in bar associations or other professional societies or organizations, including offices and committee assignments therein; foreign language fluency; and bona fide professional ratings;
  6. names of clients regularly represented, provided that the client has given prior written consent;
  7. bank references; credit arrangements accepted; prepaid or group legal services programs in which the lawyer or law firmparticipates; non-legal services provided by the lawyer or law firm or by an entity owned and controlled by the lawyer or law firm; the existence of contractual relationships between the lawyer or law firmand a non-legal professional or non-legal professional service firm, to the extent permitted by DR 1-107 and the nature and extent of services available through those contractual relationships; and
  8. legal fees for initial consultation; contingent fee rates in civil matters when accompanied by a statement disclosing the information required by subdivision (p) of this section; range of fees for legal and non-legal services, provided that there be available to the public free of charge a written statement clearly describing the scope of each advertised service; hourly rates; and fixed fees for specified legal and non-legal services.
  9. An advertisement shall not:
  10. include an endorsement of, or testimonial about, a lawyer or law firm from a client with respect to a matter still pending;
  11. include a paid endorsement of, or testimonial about, a lawyer or law firm without disclosing that the person is being compensated therefor;
  12. include the portrayal of a judge, the portrayal of a fictitious law firm, the use of a fictitious name to refer to lawyers not associated together in a law firm, or otherwise imply that lawyers are associated in a law firm if that is not the case;
  13. use actors to portray the lawyer, members of the law firm, or clients, or utilize depictions of fictionalized events or scenes, without disclosure of same;
  14. rely on techniques to obtain attention that demonstrate a clear and intentional lack of relevance to the selection of counsel, including the portrayal of lawyers exhibiting characteristics clearly unrelated to legal competence;
  15. be made to resemble legal documents; or
  16. utilize a nickname, moniker, motto or trade name that implies an ability to obtain results in a matter.
  17. D. An advertisement that complies with subdivision (e) of this section may contain the following:
  18. statements that are reasonably likely to create an expectation about results the lawyer can achieve;
  19. statements that compare the lawyers services with the services of other lawyers;
  20. testimonials or endorsements of clients, where not prohibited by subdivision (c)(1) of this section, and of former clients; or
  21. statements describing or characterizing the quality of the lawyers or law firms services.
  22. It is permissible to provide the information set forth in subdivision (d) of this section provided:
  23. its dissemination does not violate subdivision (a) of this section;
  24. it can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated; and
  25. it is accompanied by the following disclaimer: “Prior results do not guarantee a similar outcome.
  26. Every advertisement other than those appearing in a radio or television advertisement or in a directory, newspaper, magazine or other periodical (and any web sites related thereto), or made in person pursuant to DR 2-103(A)(1), shall be labeled “Attorney Advertising” on the first page, or on the home page in the case of a web site. If the communication is in the form of a self-mailing brochure or postcard, the words “Attorney Advertising” shall appear therein. In the case of electronic mail, the subject line shall contain the notation “ATTORNEY ADVERTISING.”
  27. A lawyer or law firm shall not utilize:
  28. a pop-up or pop-under advertisement in connection with computer-accessed communications, other than on the lawyer or law firms own web site or other internet presence; or
  29. meta tags or other hidden computer codes that, if displayed, would violate a disciplinary rule.
  30. All advertisements shall include the name, principal law office address and telephone number of the lawyer or law firm whose services are being offered.
  31. Any words or statements required by this rule to appear in an advertisement must be clearly legible and capable of being read by the average person, if written, and intelligible if spoken aloud.
  32. A lawyer or law firmadvertising any fixed fee for specified legal services shall, at the time of fee publication, have available to the public a written statement clearly describing the scope of each advertised service, which statement shall be available to the client at the time of retainer for any such service. Such legal services shall include all those services which are recognized as reasonable and necessary under local custom in the area of practice in the community where the services are performed.
  33. All advertisements shall be pre-approved by the lawyer or law firm and a copy shall be retained for a period of not less than three years following its initial dissemination. Any advertisement contained in a computer- accessed communication shall be retained for a period of not less than one year. A copy of the contents of any web site covered by this section shall be preserved upon the initial publication of the web site, any major web site redesign, or a meaningful and extensive content change, but in no event less frequently than once every 90 days.
  34. If a lawyer or law firmadvertises a range of fees or an hourly rate for services, the lawyer or law firm shall not charge more than the fee advertised for such services. If a lawyer or law firm advertises a fixed fee for specified legal services, or performs services described in a fee schedule, the lawyer or law firm shall not charge more than the fixed fee for such stated legal service as set forth in the advertisement or fee schedule, unless the client agrees in writing that the services performed or to be performed were not legal services referred to or implied in the advertisement or in the fee schedule and, further, that a different fee arrangement shall apply to the transaction.
  35. Unless otherwise specified in the advertisement, if a lawyer publishes any fee information authorized under this Disciplinary Rule in a publication which is published more frequently than once per month, the lawyer shall be bound by any representation made therein for a period of not less than 30 days after such publication. If a lawyer publishes any fee information authorized under this Rule in a publication which is published once per month or less frequently, the lawyer shall be bound by any representation made therein until the publication of the succeeding issue. If a lawyer publishes any fee information authorized under this Rule in a publication which has no fixed date for publication of a succeeding issue, the lawyer shall be bound by any representation made therein for a reasonable period of time after publication, but in no event less than 90 days.
  36. Unless otherwise specified, if a lawyer broadcasts any fee information authorized under this Rule, the lawyer shall be bound by any representation made therein for a period of not less than 30 days after such broadcast.
  37. A lawyer shall not compensate or give anything of value to representatives of the press, radio, television or other communication medium in anticipation of or in return for professional publicity in a news item.
  38. All advertisements that contain information about the fees charged by the lawyer or law firm, including those indicating that in the absence of a recovery no fee will be charged, shall comply with the provisions of Judiciary Law 488(3).
  39. A lawyer may accept employment that results from participation in activities designed to educate the public to recognize legal problems, to make intelligent selection of counsel or to utilize available legal services.
  40. Without affecting the right to accept employment, a lawyer may speak publicly or write for publication on legal topics so long as the lawyer does not undertake to give individual advice.